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(영문) 수원지방법원 평택지원 2017.09.20 2017고단1536

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

On May 1, 2017, the Defendant received a text message stating that he/she would give KRW 3 million if he/she lends his/her account from a person without his/her name to another person for a period of three months, and accepted it on May 16, 2017, prior to the C shipment port located in Pyeongtaek-si B, on May 16, 2017, the Defendant issued a passbook of the National Bank in the name of the Defendant (Account Number: D) and a cash card to the Kwikset service provider who sent the above person without his/her name, and then notified the above person without his/her name of the password by telephone, after issuing the passbook and a cash card to the above person without his/her name.

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Verification of transaction details and application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (Considering all the circumstances, such as confession and reflectivity, motive for crime, the fact that there is no previous conviction and no record of punishment exceeding the fine, and the fact that no profit has